AIRPORT AUTHORITY OF INDIA Vs. PRADIP KUMAR BENERJEE

JUDGEMENT

(1.) Airports Authority of India has filed this Letters Patent Appeal against the judgment and order passed by learned Single Judge (Justice Pratap Kumar Ray) on 23rd February, 2007 in W.P. No 8256 (W) of 2005 (Pradip Kumar Banerjee & Ors. vs. Airports Authority of India & Ors,). By the aforesaid judgment, the learned Single Judge has quashed and set aside the order of suspension passed against respondent No. 1 with the further direction to reinstate him in service with all consequential benefits within a month from the date of the order and to continue his salary allowances and service benefits in accordance with law.

(2.) The substantial question of law which arises in this appeal is whether an employee acquitted by the Criminal Court of criminal charges would be automatically entitled to be reinstated in the service. Further, is the employer debarred from holding a departmental enquiry on the same allegations which formed the subject-matter of the criminal prosecution.

(3.) We may briefly, notice the relevant facts. respondent No. 1 was working as an Assistant Engineer in the Kolkata office of the Airport Authority of India in the year 1991. His duty, inter alia, was to supervise various construction works done by different contractors. All labour payments were made in his presence on the basis of certificates issued by him. On a complaint made by one, Shibnath Paramanik, the representative of M/s. Tara Sankar Construction Company, the Central Bureau of Investigation (CBI) laid a trap and he was caught "red handed" while accepting bribe. It seems that respondent had also admitted his guilt before the CBI. A criminal case was started against him. He was detained in police custody from 30th April, 1991 for more than 48 hours. By office order dated 6th May, 1991 he was placed under suspension with effect from 30th April, 1991.